COM. v. MYERS


450 Pa.Super. 482 (1996)

676 A.2d 662

COMMONWEALTH of Pennsylvania v. Robert Arthur MYERS, Appellant.

Superior Court of Pennsylvania.

Filed March 26, 1996.

Reargument Denied June 11, 1996.


Attorney(s) appearing for the Case

Donald E. Lewis, Meadville, for appellant.

Mark D. Waitlevertch, Assistant District Attorney, Meadville, for the Commonwealth, appellee.

Before CIRILLO, POPOVICH and OLSZEWSKI, JJ.


OLSZEWSKI, Judge:

Once again, we are called upon to determine whether a defendant's comments were "oral communications" within the Wire-tapping and Electronic Surveillance Control Act (Act), 18 Pa.C.S.A. § 5701, et seq. Finding that such comments were properly within the Act, we reverse and remand for retrial.

On October 1, 1993, Larry Whitmore met with Pennsylvania State Trooper Danny Lloyd concerning two 1989 robberies of a Ponderosa steakhouse...

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